HF 2081 (LSB 5215YH (2) 87)

HOUSE FILE 2081

BY  STECKMAN, HUNTER, LENSING, WINCKLER, KURTH, STAED, MASCHER, KRESSIG, JACOBY, ISENHART, OLDSON, BENNETT, KACENA, MEYER, T. TAYLOR, ANDERSON, GASKILL, and WOLFE

A BILL FOR

An Act establishing an advisory committee to evaluate the use and value of the master matrix when approving a permit to construct a confinement feeding operation structure, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  MASTER MATRIX EVALUATION ADVISORY COMMITTEE.
   1.  A master matrix advisory committee is established to evaluate the use and value of the master matrix adopted by the department of natural resources pursuant to section 459.305 and the extent to which the process of evaluating and approving or disapproving the construction of a confinement feeding operation structure by the department of natural resources may be improved.
   2.  The advisory committee shall be composed of seventeen voting members, including all of the following:
   a.  The director of the department of natural resources or a designee of the director. 
   b.  The secretary of agriculture or a designee of the secretary.
   c.  The director of the Iowa department of public health, or the director’s designee.
   d.  A representative of the Iowa environmental council.
   e.  A representative of the Iowa natural heritage foundation.
   f.  A representative of the Iowa state association of counties.
   g.  A representative of the Iowa league of cities.
   h.  A representative of the Iowa public health association.
   i.  A representative of the Iowa association of municipal utilities.
   j.  A representative of the Iowa citizens for community improvement. 
   k.  A representative of the Iowa farmers union.
   l.  A representative of the Iowa pork producers association.
   m.  A representative of the Iowa cattlemen’s association.
   n.  A representative of the Iowa poultry association.
   o.  A representative of the Iowa corn growers association.
   p.  A representative of the Iowa soybean association.
   q.  A representative of the Iowa farm bureau federation.
   3.  The advisory committee shall also include four members of the general assembly appointed to serve in an ex officio, nonvoting capacity. The legislative members shall be selected, one member each, by the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives.
   4.  The department of natural resources shall provide administrative support to the committee. The attorney general shall appoint an assistant attorney general to provide the advisory committee with legal counsel and assistance. The president of Iowa state university of science and technology shall appoint a person to provide the advisory committee with technical advice and assistance.
   5.  The director of the department of natural resources or the director’s designee shall serve as the advisory committee’s chairperson. The advisory committee may elect a vice-chairperson. A majority of the voting members of the advisory committee constitutes a quorum. Any substantive action taken by the advisory committee must be adopted by the affirmative vote of a majority of its voting membership. A lesser number of voting members may adjourn a meeting.
   6.  Voting members of the advisory committee, other than state employees, are entitled to be reimbursed for actual expenses necessarily incurred in the discharge of their duties as members of the advisory committee. The expenses shall be paid to the advisory committee members from moneys appropriated to the department of natural resources. Voting members of the advisory committee, other than state employees, are eligible to receive compensation as provided in section 7E.6. A legislative member is eligible to receive a per diem and expenses as provided in section 2.10.
   7.  The advisory committee shall consider all of the following in evaluating the use of the master matrix:
   a.  The extent to which the master matrix is designed for use by county boards of supervisors in making decisions for the public interest. 
   b.  The use and value of different subcategories of criteria in the master matrix used to score an application, including the impact of a proposed construction on water quality, air quality, and community, as well as public health, secondary road systems, and public utilities. The advisory committee shall evaluate the necessity of retaining existing criteria or adding new criteria.
   c.  The manner in which criteria is scored, including the use of a positive and negative point system, and the calculation of a minimum threshold score to receive a satisfactory rating.
   8.  The advisory committee shall determine the extent to which the process of approving applications for the construction of confinement feeding operation structures, including the siting of such structures and the use of manure management practices, may be improved. The advisory committee shall consider the functions of cities and counties in this process and the limitations imposed on county boards of supervisors to make decisions regulating the construction and management of confinement feeding operations under section 331.304A.
   9.  The advisory committee may conduct hearings throughout the state to receive public comments. The committee shall conduct surveys of county boards of supervisors throughout the state. All hearings and meetings of the advisory committee shall be open to the public.
   10.  The advisory committee shall prepare and submit a report to the governor and general assembly not later than December 14, 2018. The report shall include the findings and recommendations of the advisory committee, including proposed legislation for consideration by the eighty-eighth general assembly and a proposed notice of intended action for the adoption of rules for consideration by the environmental protection commission. The committee shall discontinue its functions on that date.
    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   BILL’S PROVISIONS —— ESTABLISHMENT OF A MASTER MATRIX ADVISORY COMMITTEE. This bill establishes a master matrix advisory committee to evaluate the use and value of the department of natural resource’s master matrix and the process of evaluating and approving or disapproving applications to establish or expand confinement feeding operations.
   BILL’S PROVISIONS —— COMPOSITION OF COMMITTEE MEMBERSHIP AND PROCEDURES. The advisory committee is to be composed of (1) members of state agencies regulating environmental protection, agriculture, and public health; (2) representatives of private organizations interested in the environment, natural resources, agricultural practices, the interests of counties and cities, public health, and utilities; and (3) representatives of private organizations associated with agricultural commodity production which includes both crops (corn and soybeans) and animal agriculturals (swine, cattle, and poultry). The bill includes four members of the general assembly as ex officio, nonvoting members. The advisory committee is to be staffed by departmental employees, an assistant attorney general, and a person appointed by Iowa state university of science and technology. The bill provides procedures for the operation of the advisory committee, including the designation of a chairperson, quorum and voting requirements, and compensation.
   BILL’S PROVISIONS —— DUTIES. The advisory committee is required to consider the use and value of different subcategories of criteria in the master matrix used to score an application, and the manner in which criteria is scored. The advisory committee is also required to determine the extent to which the process of approving the construction of confinement feeding operation structures may be improved and statutory limitations imposed upon counties to regulate confinement feeding operations. The advisory committee may conduct hearings throughout the state and conduct surveys of county boards of supervisors. The advisory committee must prepare and submit a report to the governor and general assembly not later than December 14, 2018. The report must include the advisory committee’s findings and recommendations, including proposed legislation and rulemaking documents. The bill takes effect upon enactment.
   BACKGROUND —— TERMS. A confinement feeding operation structure is a type of animal feeding operation that includes a building to house agricultural animals and a structure used to store manure or in the case of layer operations a structure used to store washwater. A confinement feeding operation refers to a place where agricultural animals are confined and fed in totally roofed buildings for 45 days or more in any 12-month period. 
   BACKGROUND —— MASTER MATRIX. The master matrix refers to a form completed by a person applying for a construction permit. The applicant is awarded points based on an agreement to construct the confinement feeding operation structure or use manure management practices in a manner that exceeds specific state law requirements. The master matrix includes three subcategories which value impacts on air, water, and community. An applicant must obtain a minimum overall score of 440 out of 880 points and a score of 25 percent of available points in each of the three subcategories. A county board of supervisors which adopts a construction evaluation resolution may evaluate the application and matrix and submit comments to the department of natural resources (Code section 459.304), which decides whether to approve or disapprove the application (Code section 459.303). A county is statutorily preempted from approving, denying, or imposing conditions upon the construction of a confinement feeding operation structure or the management of manure originating from the operation (Code section 331.304A).